Notice – Family Division Scheduling Protocol

Notice – (Family Division) Adjustment to Current Scheduling Protocols March 1 to 31, 2021)
“[T]he adjustments to the Court’s scheduling practices for Family Division Proceedings as announced in the December 3, 2020 Practice Direction will now also extend and apply to the period of March 1 to 31, 2021.”

Family and Child protection trials scheduled in March will continue to be heard by video conference.

Practice Directions – Changes for the Family Bar

These changes have come about as a result of the Divorce Act amendments.

DIVORCE ACT AMENDMENTS RULES
On January 29, 2021, The Queen’s Bench Statutory Rules Committee met and passed Queen’s Bench Rule Amendments dealing with Rule 70 amendments, required by the Divorce Act amendments which come into effect on March 1, 2021. It includes an overview of the changes to Rule 70.

The full text of the amendments along with the forms, Man. Reg. 7/2021, are posted on the Manitoba Laws website.

VERSION 6 OF THE MANDATORY STANDARD CLAUSES FOR FAMILY DIVISION ORDERS
The use of Standard Clauses in Family Division orders has been mandatory since 1998 [see Court of Queen’s Bench Rules 70.31(11), (12) and (13). Standard Clauses reflect the intent of a judge’s decision in a consistent way and make the terms of orders more readily understood by parties and agencies dealing with the order.

This version of the mandatory standard clauses can be found on the Manitoba Courts website.

Bill C-78 Divorce Act Webinar

The Bill C-78 Divorce Act Changes: What you need to know

Substantial changes to the Divorce Act come into force on March 1, 2021. Experts from the Family and Children’s Law Team, Department of Justice Canada, are offering free virtual training to provide you with an overview of the amendments.

This course will be helpful to those who need an introduction to the amendments and to those who need a refresher on the eve of implementation.

Due to demand, additional sessions have been added. but have since filled. Please keep checking the website for new dates and times.

New Court Notices

Queen’s Bench

Notice – Out of Province Parties and Witnesses and the Continuing Obligation to Isolate for 14 days (February 4, 2021)
“this Notice will confirm that until further notice … the Court will require all parties or witnesses … who wish to attend in person for their proceedings and who are coming from outside of Manitoba, to continue to isolate as before for the requisite 14 days.”

Provincial Court

Notice – COVID-19 precautions – Virtual Assignment Court (January 28, 2021)
Notice – COVID-19 precautions – Virtual Docket Appearances (January 28, 2021)
“In order to reopen the courts responsibly and remain vigilant about preventing the spread of COVID-19, the Court is seeking to reduce the number of persons attending court. Counsel are directed to contact their clients to ensure only those persons who have
something meaningful occurring … attend court.”

Notice – Update to Judicial Justice of the Peace weekday bail dockets (February 5, 2021)
Update on the a pilot project to address the timely release of individuals who have been arrested overnight and held in custody at police facilities anywhere in Manitoba.

Notice – Out of Province Parties and Witnesses and the continuing obligation to isolate for 14 days (February 5, 2021)
“this Notice will confirm that until further notice … the Court will require all parties or witnesses … who wish to attend in person for their proceedings and who are coming from outside of Manitoba, to continue to isolate as before for the requisite 14 days.”

New Resource – O’Brien’s Forms

Legal research resources are easy to find and purchase for litigators, but it’s much more challenging to do the same for corporate and commercial members. The best precedents are expensive and publishers are unwilling to allow us to make them easily available to members. We have been able to secure a subscription to O’Brien’s Forms Division I (Commercial and General) and Division II (Corporations) for library staff. If you are looking for precedents in this area, please contact us and we can do the research for you, and provide you with the precedent.

We also subscribe to Canadian Forms and Precedents through LexisNexis Advance Quicklaw. You can find a list of our complete collection here.

And don’t forget the new Practice Materials from the Law Society’s Education Centre. Current materials cover Corporate Commercial, Criminal Law and Real Estate, with coverage for Wills and Estates, Civil Litigation, Administrative Advocacy, Child Protection, and Family Law in the works.

Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event.  Regular library service will resume Monday, December 16th at 8:30AM.